Generate a structured brief — facts, issues, held, reasoning, and significance — for this case in seconds. Or browse the verbatim judgment via the source links below.
Beveridge, as agent for the Bank of Scotland at Dunfermline, raised action against Freen and others for a sum of about L.6000. Defences were lodged, but before a record was made up, the pursuer stated that certain adjudications were in the course of being led against the Halbeath Colliery Company, with which, in the event of his being successful in this action, it was important that he should be enabled to rank pari passu, and he therefore craved decree, reserving all objections contra executionem, for the purpose of adjudging.
Decree, after some opposition, was pronounced accordingly, under the reservation of all objections contra executionem. This decree was extracted, and the extractors, instead of returning the process to the clerk, that the merits might be discussed, transmitted it to to the records of Court.
The Court were unanimously of opinion, that the decree, which had been pronounced, being merely for a specific purpose, could be considered in no other light than an interim decree, and that the parties were entitled to have the merits discussed under the original summons: they, therefore, unanimously granted the prayer of the petition.
Lord Moncreiff, Ordinary. Act. Dean of Fac. (Hope,) Penny. Smith & Kinnear, W. S. Agents. Alt. Cristison. W. Renny, W. S. Agent. S. Clerk.
Auto-extracted from BAILII. Full structured brief in progress — the source links below give you the verbatim judgment in the meantime.
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.